(1) In any
case in which application is made for a license required by law, the agency, with due
regard for the rights and privileges of all interested persons, shall set and conduct
the proceedings in accordance with this article unless otherwise required by law.
(2) Every agency decision respecting the grant, renewal, denial, revocation,
suspension, annulment, limitation, or modification of a license shall be based solely
upon the stated criteria, terms, and purposes of the statute, or regulations
promulgated thereunder, and case law interpreting such statutes and regulations
pursuant to which the license is issued or required. Terms, conditions, or
requirements limiting any license shall be valid only if reasonably necessary to
effectuate the purposes, scope, or stated terms of the statute pursuant to which
the license is issued or required.
(3) (a) No revocation, suspension, annulment, limitation, or modification of a
license by any agency shall be lawful unless, before institution of agency
proceedings therefor, the agency has given the licensee notice in writing of
objective facts or conduct established upon a full investigation that may warrant
such action and afforded the licensee opportunity to submit written data, views,
and arguments with respect to the facts or conduct and, except in cases of
deliberate and willful violation or of substantial danger to public health and safety,
given the licensee a reasonable opportunity to comply with all lawful requirements.
For purposes of this subsection (3), full investigation means a reasonable
ascertainment of the underlying facts on which the agency action is based.
(b) The full investigation requirement specified in subsection (3)(a) of this
section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title
40 or article 2 of title 42.
(4) (a) Where the agency has objective and reasonable grounds to believe
and finds, upon a full investigation, that the licensee has been guilty of deliberate
and willful violation or that the public health, safety, or welfare imperatively
requires emergency action and incorporates the findings in its order, it may
summarily suspend the license pending proceedings for suspension or revocation
which shall be promptly instituted and determined. For purposes of this subsection
(4), full investigation means a reasonable ascertainment of the underlying facts
on which the agency action is based.
(b) The full investigation requirement specified in subsection (4)(a) of this
section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title
40 or article 2 of title 42.
(5) A proceeding for the revocation, suspension, annulment, limitation, or
modification of a previously issued license shall be commenced by the agency upon
its own motion or by the filing with the agency of a written complaint, signed and
sworn to by the complainant, stating the name of the licensee complained against
and the grounds for the requested action.
(6) Except as provided in subsection (4) of this section, an agency shall not
revoke, suspend, annul, limit, or modify a previously issued license until after
holding a hearing as provided in section 24-4-105.
(7) In any case in which the licensee has made timely and sufficient
application for the renewal of a license or for a new license for the conduct of a
previously licensed activity of a continuing nature, the existing license shall not
expire until such application has been finally acted upon by the agency, and, if the
application is denied, it shall be treated in all respects as a denial. The licensee,
within sixty days after the giving of notice of such action, may request a hearing
before the agency as provided in section 24-4-105, and the action of the agency
after any hearing shall be subject to judicial review as provided in section 24-4-106.
(8) An application for a license shall be acted upon promptly, and,
immediately after the taking of action on such application by an agency, a written
notice of the action taken by the agency and, if the application is denied, the
grounds therefor shall be given to the applicant. The giving of such notice shall be
by personal service upon the applicant or by mailing the same to the address of the
applicant as shown on the application or as subsequently furnished in writing by the
applicant to the agency.
(9) If an application for a new license is denied without a hearing, the
applicant, within sixty days after the giving of notice of such action, may request a
hearing before the agency as provided in section 24-4-105, and the action of the
agency after any hearing shall be subject to judicial review as provided in section
24-4-106.
(10) Written notice of the revocation, suspension, annulment, limitation, or
modification of a license and the grounds therefor shall be served forthwith on the
licensee personally or by mailing by first-class mail to the last address furnished
the agency by the licensee.
(11) A limitation, unless consented to by the applicant, on a license applied
for shall be treated as a denial. A modification, unless consented to by the licensee,
of a license already issued shall be treated as a revocation.
(12) In an appropriate case a revoked or suspended license may be reissued.
(13) (a) Any applicant who, under oath, supplies false information to an
agency in an application for a license commits perjury in the second degree, as
defined in section 18-8-503, C.R.S. Any such application shall bear notice, in
accordance with section 18-8-501 (2)(a)(I), C.R.S., that false statements made
therein are punishable.
(b) On and after January 1, 1985, an agency shall not require that information
contained in an application for a license be affirmed to before a notary.